Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EGV18 v Minister for Home Affairs [2019] FCA 1348 Appeal from: EGV18 v Minister for Home Affairs & Anor [2019] FCCA 239
File number: NSD 367 of 2019
Judge: DAVIES J
Date of judgment: 21 August 2019
Catchwords: MIGRATION – application for leave to appeal from Federal Circuit Court – appeal incompetent by reason of s 476A(3) of Migration Act 1958 (Cth) – application dismissed
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 476A(3), 477(2)
Date of hearing: 21 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 3
Counsel for the Appellant: The appellant did not appear
Counsel for the First Respondent: Ms K Morris of Clayton Utz
Counsel for the Second Respondent: The Second Respondent filed a submitting notice
ORDERS NSD 367 of 2019
BETWEEN: EGV18 Appellant
AND: MINISTER FOR HOME AFFAIRS First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: DAVIES J DATE OF ORDER: 21 AUGUST 2019
THE COURT ORDERS THAT:
1. The period specified in r 36.72(1) of the Federal Court Rules 2011 (Cth) for the filing of a notice of competency be extended to 21 August 2019. 2. The proceeding commenced by way of notice of appeal filed on 13 March 2019 be dismissed. 3. The appellant is to pay the costs of the first respondent, such costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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